| Highway Robbery in Progress: Desert Snow-trained Iowa State Trooper Justin Simmons carries out a shakedown. |
It isn’t often that honest people receive detailed
intelligence about a planned gathering of violent men who steal for a living
and kill with impunity. An event of that kind will occur from August 10-12th
here in Idaho.
In fact, I can provide the specific address of the armed robbers’ summit -- 700 South Stratford Drive in Meridian. The location is conspicuously marked and easy to find: It is the Idaho Peace Officers Standards and Training (POST) Academy, which will host a two-day session of Desert Snow’s “Phase 2015” asset forfeiture workshop.
In fact, I can provide the specific address of the armed robbers’ summit -- 700 South Stratford Drive in Meridian. The location is conspicuously marked and easy to find: It is the Idaho Peace Officers Standards and Training (POST) Academy, which will host a two-day session of Desert Snow’s “Phase 2015” asset forfeiture workshop.
“Civil asset forfeiture,” for the mercifully uninitiated, is
a procedure in which police officers and the agencies that employ them steal
money and property from people who have never been convicted of a crime, and
quite often never face criminal charges. The agency designates the desired
property as “proceeds” of illicit activity and then files an “in rem” civil
lawsuit against it – not the owner of
the property, but the property itself.
In this process, the burden of proof is placed on the victim, rather than the
perpetrator.
Fighting an act of state-licensed larceny of this kind is
prohibitively expensive and frequently futile, which means that the privileged
plunderers generally make out like the bandits they unfailingly prove
themselves to be.
Desert
Snow was
founded in 1989 by Joe David, a former California Highway Patrol Officer who --
rather than doing penance for his career as an armed tax-feeder -- devoted
himself to the full-time promotion of undisguised road piracy. For more than a
quarter-century, David has made a lucrative living as a prohibition profiteer. According to a
Washington Post profile, David – who owns a yacht and a vacation condo in Cabo San
Lucas -- enjoys a lifestyle many private sector crime lords would envy.
This year, Desert
Snow and its companion program, Black Asphalt (a proprietary
intelligence-sharing service) will conduct at least 30 regional road
piracy training seminars nation-wide.
The courses include recognition of “Indicators of Criminal Activity” – or, more honestly, the art of pretending that inconsequential facts, such as the presence of an energy drink in a vehicle, are such “indicators”; “Developing Roadside Conversational Skills” – or, more accurately, how to manipulate intimidated people into submitting to an unconstitutional search; “How and When to Seize Currency” – a course that could be digested into a single phrase, “Whenever you find it”; and “Court Testimony Instruction,” a euphemism for “How to commit perjury with composure.”
The courses include recognition of “Indicators of Criminal Activity” – or, more honestly, the art of pretending that inconsequential facts, such as the presence of an energy drink in a vehicle, are such “indicators”; “Developing Roadside Conversational Skills” – or, more accurately, how to manipulate intimidated people into submitting to an unconstitutional search; “How and When to Seize Currency” – a course that could be digested into a single phrase, “Whenever you find it”; and “Court Testimony Instruction,” a euphemism for “How to commit perjury with composure.”
Each event will
attract scores or hundreds of officers eager to develop or enhance such
deplorable skills, each of whom will pay $590 to attend the highway robbers’
in-service course. When asked if the event would be accessible to the media, Desert Snow CEO Jeff
David informed me
that “the class is closed [except to] Law Enforcement Officers” – thereby
validating the principle that squalid undertakings cannot withstand exposure to
daylight.
When I asked if the
Desert Snow instructors were certified law enforcement officers, Jeff David declined
a direct answer, protesting that “our
words have been manipulated” by members of the media.
“We are a leader in
the field and have a reputation second to none,” he insisted. Desert Snow has
“trained thousands of officers throughout the United States and Canada … on how
to successfully and professionally find major smugglers, terrorist [sic], child
abductors and other major criminals. Our success stories and results speak for
themselves.”
Allowing media access
to Desert Snow training, or answering detailed questions, would be tactically
imprudent in light of the anti-police backlash underway on the part of an
ungrateful public.
“Law enforcement in general is under attack,” pouted David, “but sadly without
these hardworking dedicated officers this country would be over run [sic].”
Iowa State Troopers
Justin Simmons and Eric Vanderwiel are among the “hardworking dedicated
officers” who graduated from the Desert Snow Road Pirate Finishing School.
They, along with Desert Snow corporately and Joe David individually, are defendants in a
civil rights lawsuit
filed by William Barton Davis and John Newmerzhycky, from whom the
troopers stole more than $100,000 and an Apple iPad2 during an April 15, 2013
traffic stop on I-80 in Iowa’s Poweshiek County.
As recounted in the
lawsuit, the heist, which was carried out through the Desert Snow-trained
Eastern Iowa Drug Interdiction Team, was a textbook application of the
organization’s methods. Trooper Simmons is an experienced predator with a
well-established pattern and practice of contriving excuses to stop cars with
out-of-state license plates.
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| ...Joe David today. |
Davis and
Newmerzhycky, who live in California, were headed to Las Vegas following a
World Series of Poker competition in Joilet, Illinois. Scott locked onto the
vehicle driven by Newmerzhycky and, after shadowing it for 15 miles, executed a
traffic stop for a supposed failure to signal a lane change. This was a lie, of
course: As the lawsuit points out, “video of the incident
from Trooper Simmons’ patrol car clearly shows Newmerzhycky signaling before
making the pass in the left-hand lane.”
Simmons recited his
potted pretext for the stop, ran the driver’s information through dispatch, and
contacted his partner in crime, Trooper Vanderwiel, who was lurking just over
the horizon with his drug-detecting dog. After issuing a warning, Simmons did as
he had been trained by Desert Snow. After demanding that the driver get out of
the vehicle (so he couldn’t simply drive away at the end of the detention) the
trooper informed the motorist that he and his passenger were “free to go” – and,
affecting a casual and even friendly demeanor, insisted on asking just a “few
question” before releasing his captives.
The purpose of this
“Roadside Conversation” tactic is to elicit supposedly incriminating details
from drivers who are ignorant of the fact that they have no legal
responsibility to tell the officer anything. This also extends the traffic stop
beyond its constitutionally permissible limit, allowing the officer to devise
an “articulable suspicion” of criminal activity that will supposedly justify a
“drug sweep” by a conveniently available K-9 handler. This charade inevitably
ends with the dog “alerting” on something “suspicious,” which provides an
excuse for a hands-on search of the vehicle.
Every element of this
routine is patently illegal and artfully deceptive. On this occasion, as
Simmons asked if Newmerzhycky was willing to wait for the K-9 handler to
arrive, the driver “denied consent for the search of the vehicle and indicated
… that they had been waiting long enough and that they would like to be on
their way.”
As a matter of law,
that ended the investigative stop. Everything from that point forward was an
abduction and armed robbery devoid of even the barest pretense of legality.
Simmons forcibly
detained the pair, and the familiar script unfolded. The costumed thieves found
the poker money, an iPhone, a Galaxy cell phone, an iPad2, and “a grinder with
residual bits of marijuana.” The currency was stolen, the vehicle impounded,
and the driver and passenger taken into custody for aggressive interrogation.
At one point during
the two hours that the pair spent as prisoners of the Desert Snow-tutored
thieves, Newmerzhycky – who suffers from diverticulitis – asked permission to
use the bathroom.
“Although Trooper
Simmons reluctantly allowed Newmerzhycky to use the restroom located upstairs from
the garage [where his rental car was being searched], Simmons followed [the
victim] into the bathroom and rather than remaining silent … continued to
interrogate Newmerzchycky while he sat in the stall,” narrates the lawsuit. “Simmons laughed
and commented on the sounds Newmerzhycky made in the stall and despite the fact
that Newmerzhycky asked him to leave him alone and would be done in a minute,
Simmons continued to berate and laugh at Newmerzhycky.”
Newmerzhycky
received a misdemeanor citation for the trace elements of marijuana on the
grinder. His tormentors told him that they were keeping his cash, his cell
phones, and Davis’s iPad2. On the following day, the weary and despondent men learned
that their homes in California had been searched on the basis of information
provided – via the Black Asphalt service – by Simmons and his comrades to their
counterparts in California. The victims soon learned that their bank accounts
had been frozen as well.
Ironically,
on this occasion the victims were somewhat successful in challenging the
illegal forfeiture. Ninety percent of the money stolen from them was returned,
but one-third of that total was taken in legal fees. What remained was not
enough to cover the financial impact of the seizure of their bank accounts and
the other damages inflicted on them by being targeted for the Desert Snow
treatment.
As
a result of the police search of his home, Davis was evicted by his landlord.
Newmerzhcky, who worked as artisan glass-blower, lost his business and “was
forced to live in his car and rent his home to someone so [he] could continue
paying the mortgage.”
The
Iowa lawsuit is not the only recent scandal in which Desert Snow is implicated.
In July 2013, District Attorney Joe Hicks of Oklahoma’s Caddo County
reluctantly shut down an
interdiction task force through which Joe David himself, and other private
contractors associated with Desert Snow, were conducting traffic stops. On one occasion,
David – who was wearing a sidearm -- pulled over and interrogated a pregnant
woman on I-40 and interrogated her at length – despite the fact that he was not
a state-certified law enforcement officer.
Hicks
told The Oklahoman Newspaper that he had hired David and his
prohibition privateers “because his drug task force had little success on drug
stops” and because “he hoped to make money for his office from the drug stops
because of a loss of federal funds.” Davis and his henchmen were allowed to
keep 24 percent of everything that was stolen by the task force; at the time
the program ended, Desert Snow’s take was $40,000, with another $212,000 in the
pipeline with Caddo County Special Judge David Stephens shut down the racket.
As
he ordered David never again to conduct “interdiction patrols” in his county, Judge Stephens told
him
that “if you do, I hope to see you soon, wearing orange.”
This
episode probably explains why Joe David turned the reins of his criminal empire
over to his son Jeff. Desert Snow, LLC
operates out of the Logan County Sheriff’s Office in Guthrie, Oklahoma. The
elder David probably wants to avoid visiting his company’s home office, given
the depth of his disrepute in that state.
More
than 30,000 police officers nation-wide have undergone Desert Snow indoctrination. As a self-described “Brotherhood” of modern
road agents, veterans of the Desert Snow program participate in “an annual
competition to honor police who seize the most contraband and cash on the
highways,” observes the Washington Post. This is why officers are encouraged
“to post seizure data along with photos of themselves with stacks of currency
and drugs.”
The
Desert Snow alum who brings in the biggest haul is crowned “Royal Knight” in an
annual awards ceremony. More importantly, according to the program’s literature, the winner is
“considered for an associate instructor position with the Desert Snow Training
Program.” As Joe and Jeff David can testify, teaching police how to conduct
seizures and confiscations, rather than carrying them out on behalf of law
enforcement agencies, is where personal profits can be made.
It
is quite likely that at least some of the officers who will attend the Desert
Snow training session at the Idaho POST Academy in August aspire to become road
piracy “consultants” once they begin collecting their tax-subsidized pensions. One
unavoidable result of that event will be an escalation in Idaho law
enforcement’s ongoing war against the property and liberties of anybody who
uses public highways in the Gem State.
Since
the event is closed to the press and public, nobody representing the productive
class will be permitted to participate in the proceedings. Given the nature of
the facility in which the crime summit will be held, an effort by outraged
citizens to arrest the perpetrators would be pointless.
A
high-profile protest during the event might produce some useful publicity, but
wouldn’t be likely to shame participants into reforming themselves. People
capable of decent shame wouldn’t be involved in that kind of criminal
enterprise.
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Dum spiro, pugno!

